Bill Text: IA SF2292 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to regulation of vessels and equipment on public lakes by common interest communities and certain nonprofit corporations.(Formerly SSB 3153.)
Spectrum: Committee Bill
Status: (Introduced) 2024-02-27 - Withdrawn. S.J. 397. [SF2292 Detail]
Download: Iowa-2023-SF2292-Introduced.html
Senate
File
2292
-
Introduced
SENATE
FILE
2292
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
3153)
A
BILL
FOR
An
Act
relating
to
regulation
of
vessels
and
equipment
on
1
public
lakes
by
common
interest
communities
and
certain
2
nonprofit
corporations.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
462A.17A
Common
interest
1
communities
——
regulation
of
vessels
on
public
lakes.
2
1.
As
used
in
this
section:
3
a.
“Bylaws”
means
the
same
as
defined
in
section
499C.1.
4
b.
“Common
interest
community”
means
the
same
as
defined
in
5
section
499C.1.
6
c.
“Public
lake”
means
any
lake
located
within
the
7
boundaries
of
this
state
that
is
a
navigable
body
of
water
and
8
that
is
lawfully
accessible
by
the
general
public.
9
d.
“Rule”
means
the
same
as
defined
in
section
499C.1.
10
e.
“Unit
owner”
means
the
same
as
defined
in
section
499C.1.
11
2.
Notwithstanding
any
law
to
the
contrary,
a
common
12
interest
community
adjacent
to
or
abutting
in
part
a
public
13
lake
may
establish
policies
in
the
common
interest
community’s
14
bylaws
or
rules
regarding
the
operation
of
vessels,
including
15
but
not
limited
to
equipment
specifications,
upon
the
public
16
lake
by
unit
owners
and
unit
owners’
guests.
17
3.
Notwithstanding
section
462A.32,
a
common
interest
18
community
may
communicate
the
common
interest
community’s
19
policies
established
under
subsection
2
through
the
use
of
20
private
buoys
and
other
safety-related
installations
if
the
use
21
of
private
buoys
and
other
safety-related
installations
is
not
22
inconsistent
with
this
chapter,
or
with
rules
adopted
by
the
23
commission.
24
Sec.
2.
NEW
SECTION
.
462A.17B
Nonprofit
corporations
——
25
regulation
of
vessels
on
public
lakes.
26
1.
As
used
in
this
section:
27
a.
“Association”
means
a
nonprofit
corporation
incorporated
28
under
chapter
504,
named
as
an
association,
and
that
manages
a
29
community
located
on
a
subdivision
that
is
adjacent
to
or
abuts
30
a
public
lake.
31
b.
“Bylaws”
means
the
same
as
defined
in
section
504.141.
32
c.
“Member”
means
a
person
who
on
more
than
one
occasion,
33
pursuant
to
the
provisions
of
an
association’s
articles
or
34
bylaws,
has
a
right
to
vote
for
the
election
of
a
director
or
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directors
of
the
association,
irrespective
of
how
the
member
1
is
defined
in
the
articles
or
bylaws
of
the
association,
and
2
who
is
a
record
lot
owner
of
the
association.
A
person
is
not
3
a
member
because
of
any
of
the
following:
4
(1)
The
person’s
rights
as
a
delegate.
5
(2)
The
person’s
rights
to
designate
a
director.
6
(3)
The
person’s
rights
as
a
director.
7
d.
“Public
lake”
means
any
lake
located
within
the
8
boundaries
of
this
state
that
is
a
navigable
body
of
water
and
9
that
is
lawfully
accessible
by
the
general
public.
10
e.
“Rules
and
regulations”
means
the
rules
and
regulations
11
adopted
by
the
association’s
board
of
directors
as
authorized
12
by
the
bylaws
of
the
association.
13
2.
Notwithstanding
any
law
to
the
contrary,
an
association
14
may
establish
policies
in
the
association’s
rules
and
15
regulations
regarding
the
operation
of
vessels,
including
but
16
not
limited
to
equipment
specifications,
upon
a
public
lake
17
by
the
association’s
members
and
the
association’s
members’
18
guests.
19
3.
Notwithstanding
section
462A.32,
an
association
may
20
communicate
the
association’s
policies
established
under
21
subsection
2
through
the
use
of
private
buoys
and
other
22
safety-related
installations
if
the
use
of
private
buoys
and
23
other
safety-related
installations
is
not
inconsistent
with
24
this
chapter,
or
with
rules
adopted
by
the
commission.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
the
regulation
of
vessels
and
equipment
29
on
public
lakes.
Notwithstanding
existing
laws
to
the
30
contrary,
the
bill
allows
a
common
interest
community
that
is
31
adjacent
to
or
abutting
a
public
lake
to
establish
policies
32
for
the
common
interest
community’s
owners,
and
the
owners’
33
guests,
regarding
the
operation
of
vessels,
including
but
not
34
limited
to
equipment
specification,
upon
the
public
lake.
The
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bill
allows
the
common
interest
community
to
utilize
private
1
buoys
and
other
safety-related
installations
to
communicate
2
the
relevant
policies
if
the
use
is
not
inconsistent
with
Code
3
chapter
462A
(water
navigation
regulations)
or
rules
adopted
by
4
the
natural
resource
commission.
5
Notwithstanding
existing
laws
to
the
contrary,
the
bill
6
provides
that
an
association
may
establish
policies
for
the
7
association’s
members,
and
the
members’
guests,
regarding
8
the
operation
of
vessels,
including
but
not
limited
to
9
equipment
specification,
upon
the
public
lake.
The
bill
also
10
allows
an
association
to
utilize
private
buoys
and
other
11
safety-related
installations
to
communicate
the
relevant
12
policies
if
the
use
is
not
inconsistent
with
Code
chapter
462A
13
(water
navigation
regulations)
or
rules
adopted
by
the
natural
14
resource
commission.
The
bill
defines
“association”
as
a
15
nonprofit
corporation
incorporated
under
chapter
504,
named
16
as
an
association,
and
that
manages
a
community
located
on
a
17
subdivision
that
is
adjacent
to
or
abuts
a
public
lake.
18
The
bill
also
defines
“public
lake”
to
mean
any
lake
located
19
within
the
boundaries
of
this
state
that
is
a
navigable
body
of
20
water
and
that
is
lawfully
accessible
by
the
general
public.
21
The
terms
“common
interest
community”,
“member”,
“rule”,
22
“bylaws”,
“rules
and
regulations”,
and
“unit
owner”
are
also
23
defined
in
the
bill.
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